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AGENDA
City Council Election Code Committee
October 5, 2017
12:00 p.m. – 1:30 p.m.
City Clerk Large Conference Room
300 LaPorte Avenue, Fort Collins, CO
Committee Members:
Councilmember Bob Overbeck, District 1
Councilmember Kristin Stephens, District 4 (Chair)
Councilmember Ross Cunniff, District 5
1. Call Meeting to Order
2. Citizen Comment
3. Approval of July 20, 2017 Committee Meeting Minutes
4. Election‐Related Changes for Discussion
a. Designate the City Clerk to serve as the Designated Election Official
b. Remove the “two signature requirement” on checks from couples for campaign
contributions
c. Can a felony received as a minor be used to disqualify a Council candidate?
d. Value of campaign ads on websites
e. Terminating inactive Issue and Political Committees
f. Candidate political signs
g. Preliminary discussion of redistricting issues
5. Next Meeting
Determine next meeting date/time
Holdover items
6. Other Business
7. Adjournment
PARKING LOT
Items Ready for Council Consideration Items on Hold Pending Further Research
Timing of Filing Financial Disclosure
Statements
Signature Verification (need demo)
City of Fort Collins Page 1
July 20, 2017
ELECTION CODE COMMITTEE MEETING
11:00 am
PRESENT: Overbeck, Stephens, Cunniff, Malarky, Knoll, Gonzales, Daggett
CITIZENS PRESENT: None
APPROVAL OF NOVEMBER 10, 2016 COMMITTEE MEETING MINUTES
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to adopt the minutes
of the November 10, 2016 Committee meeting. The motion was adopted unanimously.
SUGGESTED ELECTION CODE/CHARTER CHANGES
a. Value of Campaign Ads on Websites
Knoll stated this was a request from Mayor Pro Tem Horak to discuss whether candidates should receive
guidance on how to value campaign ads on websites for reporting purposes.
City Attorney Daggett stated provisions exist which rely on either the payment of money or an in-kind
contribution. In-kind contributions are defined as the fair market value of a gift or loan of any item of real
or personal property other than money made to or for any candidate committee, issue committee, or
political committee, for the purpose of influencing the passage or defeat. Given social media and the
internet, a line now needs to be drawn in terms of what items have value and should be counted as a
contribution.
City Attorney Daggett discussed the fact that the placement of signs is not considered an in-kind
contribution.
Councilmember Overbeck asked about the value of purchasing a domain name prior to an election. City
Attorney Daggett noted that domain name could be used for several elections or other uses.
Councilmember Stephens noted Facebook pages are free but paid ads are disclosed.
Members discussed letters to the editor and endorsements.
Councilmember Cunniff stated paying more than the usual operating cost for a website for information to
appear should trigger a financial disclosure.
Members discussed pop-up ads on the internet and the order of endorsements on the Coloradoan.
City Attorney Daggett noted the Fair Campaign Practices Act provision allows Council to adopt a
resolution in support of a ballot measure, but it can only be disseminated in the way resolutions are
normally disseminated.
Councilmember Stephens questioned what would happen if an entity published something without the
knowledge of the candidate. Councilmember Cunniff and Knoll replied that would be an independent
expenditure, which has a $100 threshold, for which the entity or person would be responsible.
Councilmember Cunniff noted contributions wherein money does not change hands are in-kind.
City Attorney Daggett noted the placement of a yard sign is similar to the placement of something on a
blog as no additional expenditures are occurring. She stated it might be beneficial to include Code
definitions to provide clarity around some of these issues and suggested preparing draft language.
Knoll suggested including examples in candidate guidelines.
City of Fort Collins Page 2
Members discussed whether it is permissible to require a disclosure of who funded ads.
It was determined that issue needs additional research.
b. Terminating Inactive Issue and Political Committees
Knoll stated complaints have been filed regarding committees that were never active or terminated and
did not meet filing requirements. Allowing committees for one election cycle only would eliminate
ambiguity and ensure information is current and asked if members would be supportive of drafting such
language.
Councilmembers Stephens, Cunniff and Overbeck expressed support for drafting such language.
Knoll suggested committees auto-terminate if an annual report is not filed.
c. Timing of Filing Financial Disclosure Statements
Knoll noted currently, a financial disclosure statement is required to be filed within 10 days after accepting
a nomination; however Code language requires mail notification if that does not occur which provides a
problem for ballot printing. The suggestion is to make the financial disclosure statement due when the
nomination petition and acceptance of nomination are submitted.
Knoll noted candidates will be educated pre-emptively.
Councilmembers supported making the change and stated it would be less confusing.
d. Signature Verification
Knoll stated this item is on hold and the Clerk’s Office will be receiving a demo on the new Larimer
County equipment.
e. Candidate Political Signs
Knoll stated Councilmember Cunniff has asked if posting a sign is the same as announcing candidacy.
She stated she would like to better define a public announcement.
Members discussed signs being left after an election.
City Attorney Daggett stated the circumstances that constitute a “public announcement” should be
defined in addition to having the expectation that if someone is taking affirmative steps to communicate
with the public, no matter the medium, that too would be a public announcement.
Knoll asked if signs can be required to be removed by a certain date. City Attorney Daggett replied they
cannot be required to be removed; however, the question relates to future candidacy.
Councilmember Cunniff asked about bus benches. City Attorney Daggett replied the City’s bus ad
program is based on the characterization of those ads being used as City speech for a particular purpose.
City Attorney Daggett discussed the possibility of a series of steps automatically triggering an
announcement, such as making requests for or receiving donations or in-kind contributions.
Councilmember Cunniff and Knoll supported adding that language. Knoll stated that may mean a
candidate needs to register prior to accepting a contribution, or perhaps within 10 days.
Councilmember Stephens stated it is not hard to register prior to asking for donations.
Councilmember Cunniff supported adding language related to soliciting or accepting contributions.
Knoll stated currently there are 10 days to file following the public announcement and the filing should
occur prior to accepting contributions or making expenditures.
City of Fort Collins Page 3
Councilmember Overbeck suggested adding language related to social media announcements.
Members discussed the number of individuals present at a meeting which would constitute a public
announcement and discussed the requirement for paperwork to be filed as soon as any type of
contribution is received (within one business day).
Members discussed taxes, employee payments and bank account requirements.
f. Other Business
Councilmember Overbeck asked about the federal administration wanting voter information. City
Attorney Daggett replied the Secretary of State has the data being sought, which is public data.
City Attorney Daggett stated her staff has been discussing whether there would be any benefit in adding
any kind of transition language that allows a committee that has registered to turn itself into a small issues
committee. Knoll stated committees or candidates have always been allowed to amend their registrations
as additional information becomes available.
Councilmember Cunniff stated the current code language should allow changing a registration into a
small issue committee administratively.
Members discussed the necessary language forms should include for such a change.
City Attorney Daggett suggested electing a Chair of this committee.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to elect Councilmember
Stephens as Chair. The motion was adopted unanimously.
City Attorney Daggett suggested the committee meet again once staff has completed its assigned
research and draft language.
Knoll stated Larimer County changed its precincts and the City will need to do the same. As a result of
the County changes, the City now must look at the deviation. The GIS department is currently doing that
analysis and the hope is the deviation will be small enough to not trigger changing boundaries for the
City.
Councilmembers requested additional information regarding redistricting options.
The next meeting date will be prior to September 21.
ADJOURNMENT
The meeting adjourned at 12:31 P.M.
Topic 1 Source Questions/Comments/Explanation
Designate the City
Clerk as Designated
Election Official (DEO)
in the City Code
Staff State Statute calls for the governing body to appoint a
Designated Election Official for elections coordinated with
the County. That designation is typically made in the IGA
with the County, which the Council has, by ordinance,
authorize the City Manager to execute. It would be
preferable to address it in this way to be clear that the
Council has made the designation. In the event that the
City Clerk is not available to serve in this role, the
amendment provides the Clerk may delegate authority.
Proposed amendment:
Sec. 7‐20. ‐ Duties of city clerk.
The City Clerk shall:
(1) Provide forms and instructions to assist candidates and the public in complying with the
reporting requirements of Article V;
(2) Keep a copy of any report or statement required to be filed by Article V for a period of one (1)
year from the date of filing. In the case of candidates who were elected, those candidate's
reports and filings shall be kept for one (1) year after the candidate leaves office;
(3) Make reports and statements filed under Article V available on the City's website no later than
the next business day;
(4) Report complaints received regarding alleged violations of Article V to the City Manager.
(5) Prescribe the form of materials to be used in the conduct of mail ballot elections consistent
with the provisions contained in Article VIII;
(6) Establish procedures for conducting mail ballot elections consistent with the provisions
contained in Article VIII, including efforts to inform uniformed and overseas voters of the
upcoming election;
(7) Supervise the conduct of mail ballot elections;
(8) Employ temporary election workers as needed; and
(9) Take all necessary steps to protect the confidentiality of voted ballots and the integrity of the
election.
(10) Serve as, or designate a qualified employee of the City Clerk to serve as, the City’s Designated
Election Official, as defined in Section 1‐1‐104(8), C.R.S., for any election coordinated with
Larimer County pursuant to Section 1‐7‐116, C.R.S.
Topic 2 Source Questions/Comments/Explanation
Remove the “two
signature
requirement” on
checks from couples
for campaign
contributions
Councilmember
Summers
Councilmember Summers suggested a Code
amendment that would remove the “two signature
requirement” on checks from couples for campaign
contributions. He mentioned that the state does not
have this requirement. When the contribution is
reported, both names are listed, even when only one
person signed the check
Staff requests a discussion with the Committee to
receive feedback.
HISTORY:
In November 2000, Council established local provisions regulating election campaigns, which provisions
superseded the provisions of the Fair Campaign Practices Act. During the April 2001 election, many of
the contribution and expenditure reports contained joint contributions from married couples (example:
Mr. and Mrs. John Smith‐$150). The Clerk’s office received several questions about those contributions
and how anyone could be sure such a contribution was split evenly and in compliance with
contributions. In October 2001, City Code was amended to include a requirement that joint
contribution be allowed to be accepted if the check is signed by all parties to the joint contribution to
provide transparency to the contribution.
Current Code language:
Sec. 7‐135. ‐ Campaign contributions/expenditures.
(a) Limits . No person may make contributions and/or contributions in kind totaling more than one
hundred dollars ($100.) to the candidate committee of any candidate for the office of Mayor. No
person may make contributions and/or contributions in kind totaling more than seventy‐five dollars
($75.) to the candidate committee of any candidate for the office of Councilmember. No person
shall make a contribution or contribution in kind in the name of another person or knowingly
permit one's name to be used by another person to effect such a contribution or contribution in
kind. These limitations shall apply to all contributions or contributions in kind, whether made
directly to a candidate committee or indirectly via earmarked gifts passed through an intermediary,
except that these limitations shall not apply to:
(1) Contributions or contributions in kind made by a candidate to his or her own candidate
committee;
(2) Independent expenditures;
(3) Monetary loans that are: (a) personally guaranteed in writing by the candidate, the candidate's
immediate family or a business entity in which the candidate owns at least five (5) percent; or
(b) secured by real or personal property owned by the candidate, the candidate's immediate
family or a business entity in which the candidate owns at least five (5) percent; or
(4) Contributions made to a candidate committee by another candidate committee established by
the same candidate for the office of Mayor or Councilmember.
(b) Joint contributions. No person shall make a contribution jointly with another person through the
issuance of a check drawn on a jointly owned account unless: (i) the total amount of the joint
contribution is less than the maximum amount that can be contributed by one (1) person under the
contribution limits established in Subsection (a) of this Section or (ii) the check is signed by all
owners of the account, in which event the amount of the total contribution shall be allocated
equally among all such persons unless a different allocation is specified on the face of the check. No
candidate committee, issue committee or political committee shall knowingly accept a contribution
made in violation of this Subsection (b).
Topic 3 Source Questions/Comments/Explanation
Redistricting Staff Staff requests a discussion with the Committee to
receive guidance
Would the Committee consider removing sections 7‐
71(b), 7‐87(c) and (d)? Removing this review will lessen
the frequency of moving precincts between districts.
Would the committee support funding to hire a
consultant to help formulate options/different
methods for redistricting?
Review of precinct boundaries is required by City Code Section 7‐71(b), 7‐87(c) and (d) whenever
Larimer County changes its precinct boundaries.
Current Code language:
Division 2‐Election precincts and Polling Places
Sec. 7‐71. ‐ Precinct map/amendment.
(a) The boundaries of the election precincts as herein created in the City are hereby fixed and
established as shown on the map entitled "District‐Precinct Map," which map is on file in the office
of the City Clerk.
(b) Upon notice by Larimer County that its precinct boundaries have been amended, the City Clerk
shall review precinct boundaries and recommend to City Council any precinct boundary changes to
ensure they match Larimer County's precincts.
Division 3‐Election Districts
Sec. 7‐86. ‐ Establishment.
Pursuant to the Charter, the City is hereby divided into six (6) Districts. From each District one (1) City
Councilmember will be elected. Such Districts are designated as District No. 1, District No. 2, District No.
3, District No. 4, District No. 5 and District No. 6, and are delineated on the District‐Precinct Map which
is adopted by ordinance and made a part hereof by reference and is on file in the City Clerk's office.
Sec. 7‐87. ‐ Redistricting; notice.
(a) The City Council shall, by ordinance, amend the boundaries of the foregoing districts as necessary
to comply with the provisions of Article II, Section 1(c) of the Charter. The City Clerk shall cause to
be published twice, in a local newspaper of general circulation in the City, notice of the date, time
and place of the City Council's consideration of any such redistricting ordinance. The first such
notice shall be published no less than fourteen (14) days prior to the date of first hearing of the
redistricting ordinance, and the second notice shall be published no less than ten (10) days prior to
the date of the first reading of the same.
(b) Not more than eighteen (18) months after the official decennial publication of the United States
Census concerning the population of the City of Fort Collins, the City Clerk shall recommend to the
City Council any district boundary changes necessary to ensure that, to the extent reasonably
possible, there is no more than a ten‐percent deviation between the most populous and the least
populous district.
(c) Not less than once every six (6) years after making the determination required under Subsection (b)
above, the City Clerk shall again review the district boundaries to determine whether the maximum
deviation between the most populous and the least populous district meets the standard described
in Subsection (b) above. If the standard in Subsection (b) above is not met, the City Clerk shall
recommend to the City Council any district boundary changes necessary to ensure that the districts
conform to such standard.
(d) The need to amend precinct boundaries pursuant to § 7‐71(b) shall automatically cause the City
Clerk to review current population deviations, regardless of how long it has been since the last
review. If the deviation is found to exceed ten (10) percent, the City Clerk shall recommend that the
City Council make boundary adjustments, and present the Council with possible redistricting
options that to the maximum extent possible equalize the population in each district, subject to the
requirements for contiguity and compactness set forth in Article II, Section 1(c) of the Charter, with
a maximum permissible deviation of ten (10) percent between the most populous and least
populous district.
(e) Any changes to district boundaries shall be established by ordinance no less than one hundred
eighty (180) days before a regular municipal election.
Larimer County notified the City in June that the Commissioners had approved precinct boundary
changes. Pursuant to City Code, this action by Larimer County triggered the review of the population
deviation between districts. Staff discovered that the deviation between the most populous and least
populous districts is greater than 10%. District 1 has grown dramatically since the last redistricting,
which occurred in June 2016. Districts 2, 3, 5, and 6 had about equal growth while District 4 had no
growth. The current practice for reviewing and adjusting districts appears to be unsustainable.
Criteria considered for redistricting:
1. To the extent possible, Districts consist of an equal number of inhabitants (Charter)
2. Districts must be contiguous (Charter)
3. Districts must be reasonably compact, consisting of contiguous, undivided general election
precincts (Charter)
4. Residence address of each Councilmember so that no Councilmember is disenfranchised from
his or her district.
Topic 4 Source Questions/Comments/Explanation
Can a felony received
as a minor be used to
disqualify a Council
candidate
Citizen questions It has become fairly common each election to receive at
least one question regarding the Charter language
relating to candidate/Councilmember qualifications and
felony convictions.
Current Charter language:
Article II, Section 2. ‐ Qualifications of candidates and members; challenges.
(a) An individual shall be eligible to be a candidate for the office of Councilmember if at the time of the
election he or she is a citizen of the United States; is at least twenty‐one (21) years of age; has been
for one (1) year immediately preceding such election an elector of the city; and, in the case of a
District Councilmember, has continuously resided in the District from which he or she is to be
elected since the date of accepting any nomination for election under Article VIII, Section 3, of this
Charter.
(b) No person who has been convicted of a felony shall be eligible to be a candidate for, or hold, the
office of Councilmember.
(c) No person shall be eligible to stand for election to more than one (1) elective office at any single
municipal election. During a term of office, no member of the Council shall be an employee of the
city or hold any other elective public office. No person shall be elected or appointed to any city
office, position or employment for which the compensation was increased or fixed by the Council
while such person was a member thereof until after expiration of one (1) year from the date when
such person ceased to be a member of the Council.
(d) Any registered elector may file with the City Clerk a written protest challenging the qualifications of
any member of the Council. Any such protest shall be resolved by the City Clerk as expeditiously as
possible but no more than forty‐five (45) days from the date of filing of the protest, pursuant to a
procedure established by the Council by ordinance. In order to resolve such protests, the City Clerk
shall have the power to subpoena witnesses, administer oaths, and require the production of
evidence. No protest shall be filed prior to the date of appointment or the date of issuance of the
certificate of election of a Councilmember, whichever is applicable, nor shall any such protest,
other than a protest based upon the fact of a felony conviction, be filed more than fifteen (15) days
after said date.
(e) The fact that a Councilmember may be determined to have lacked any qualification for the office of
Councilmember during all or any portion of his or her term of office shall not affect the validity of
any action taken by the Council during such Councilmember's term of office.
Discussion:
A question has arisen about whether a felony conviction as a minor could be used to disqualify one from
being a candidate for the office of Councilmember. This question implicates the difference between a
minor being convicted of a felony in adult criminal court and a minor being adjudicated for a felony
offense in juvenile court. In Colorado, felonies may be prosecuted against juveniles in either juvenile
court or in adult criminal court. If prosecuted in juvenile court, the case proceeds under the Colorado
Children’s Code, C.R.S. §§ 19‐1‐101, et seq. (the “Children’s Code”). Juvenile courts have jurisdiction
over juveniles ten (10) years of age or older who, subject to certain exceptions, violate any federal or
state law, county or municipal ordinances, and any juvenile court order. The Children’s Code provides
that a juvenile may be adjudicated as having committed a delinquent act, which can include felonies.
In the alternative, a felony case could be brought against a juvenile in adult criminal court, where the
juvenile could be convicted of a felony and sentenced either as a juvenile or as an adult. Whether a
juvenile should be tried as an adult depends on the age of the juvenile; the type of offense charged; the
extent of the juvenile’s past history of delinquency; and whether the district attorney files the felony
case directly with the adult court or seeks to transfer the case out of juvenile court to adult court.
As a general rule, the likelihood that a district attorney may file criminal charges against a juvenile as an
adult increases with the age of the juvenile, the severity of the charged offense, and the juvenile's past
history of delinquency.
Although adjudication and convictions are technically different, the two are treated identically in many
contexts. For instance, certain agencies that regulate professional licensure may view an adjudication
the same as a conviction when determining if a person is eligible for a license. Enhanced penalties for
crimes committed later in life can apply if a person has a prior adjudication. In addition, an adjudication
can serve as evidence of conduct that can result in the loss of a public benefit or immigration
consequences. The full consequences of an adjudication versus a felony are broad, making a full
reporting in this document impracticable.
ONGOING TOPICS FROM THE JULY 20, 2017 ELECTION CODE COMMITTEE MEETING
Topic Source Questions/Comments/Explanation
Value of campaign ads
on websites
Mayor Pro Tem
Horak (Feb 2017
LPT request)
Suggested that staff provide Council candidates
information on declaring the value of campaign ads on
websites.
Status:
Committee discussion on July 20, 2017.
City Attorney’s Office continues to research language that would be examples of what is or is
not an independent expenditure, especially in the area of social media use.
Need for additional clarification (City Code and/or candidate guidelines) of when a web‐based
campaign ad should be reported as a contribution or contribution in‐kind.
Topic Source Questions/Comments/Explanation
Terminating election
committees
Staff Suggestions from staff:
A. Set up a method for terminating if they have not had
activity for one or two election cycles. Preference
would be one cycle, because they should have to
refile with current information.
B. If a registered issue committee believes they are a
small‐scale issue committee, they amend their original
filing.
Status:
Committee discussion on July 20, 2017.
Committee supports a code change that would allow the termination of an issue committee
after 1 election cycle. Staff will draft code language that states an issue committee will be
terminated 45 days after election, unless the committee files a form stating the committee
chooses to continue.
Current Code language:
Sec. 7‐134. ‐ Registration of committees.
All candidate committees, political committees and issue committees shall register with the City Clerk
before accepting or making any contributions. Registration shall include a statement listing:
(1) The committee's full name, spelling out any acronyms used therein;
(2) A natural person authorized to act as a registered agent;
(3) A street address and telephone number for the principal place of operations;
(4) All affiliated candidates and committees;
(5) The purpose or nature of interest of the committee.
Suggested language:
Sec. 7‐134. ‐ Registration of committees; termination.
(a) All candidate committees, political committees and issue committees shall register with the City
Clerk before accepting or making any contributions. Registration shall include a statement listing:
(1) The committee's full name, spelling out any acronyms used therein;
(2) A natural person authorized to act as a registered agent;
(3) A street address and telephone number for the principal place of operations;
(4) All affiliated candidates and committees;
(5) The purpose or nature of interest of the committee.
(6) The date of the election during which the committee intends to be active.
(b) Any candidate committee or issue committee that has registered with the City Clerk, but has
not engaged in any election activities or reported any contributions accepted or expenditures
made, may terminate at any time by filing an amended committee registration indicated the nature
of the amendment is termination of the committee. In addition, the committee shall file a
campaign report indicating no contributions have been received or expenditures made, and
indicating it is a termination report.
(c) Any candidate committee or issue committee that has not terminated pursuant to Subsection
(b) above shall be automatically terminated on the 45th day after the election date designated at
the time of registration. The City Clerk shall notify the registered agent of the committee’s
termination.
Topic Source Questions/Comments/Explanation
Timing of filing
financial disclosure
statements
Staff If a candidate fails to file, they are disqualified…but
probably too late to remove them from the ballot. Staff
suggests a process change to require the filing at the same
time as accepting nomination.
Status:
Committee discussion on July 20, 2017.
Committee supports a code change to require the filing of the financial disclosure statement at
the same time as the filing the acceptance of nomination. Draft language provided below.
Current Code language:
Sec. 7‐133. ‐ Candidate affidavit; disclosure statement; failure to file.
(a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with
the City Clerk within ten (10) days, that the candidate is familiar with the provisions of this Article.
(b) Each candidate shall file a financial disclosure statement pursuant to § 2‐636 with the City Clerk
within ten (10) days after filing acceptance of nomination.
(c) Failure of any person to file the affidavit or disclosure statement required under this Section
shall result in the disqualification of such person as a candidate for the office being sought.
Disqualification shall occur only after the City Clerk has sent a notice to the person by certified mail,
return receipt requested, addressed to the person's last known residence address. The notice shall
state that the person will be disqualified as a candidate if the person fails to file the appropriate
document within five (5) business days of receipt of the notice.
(d) The requirements of this Section shall not apply to any elected official who is the subject of
recall proceedings.
Suggested amendment:
Sec. 7‐133. ‐ Candidate affidavit; disclosure statement; failure to file.
(a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with
the City Clerk within ten (10) days, that the candidate is familiar with the provisions of this Article.
(b) Each candidate shall file a financial disclosure statement pursuant to § 2‐636 with the City Clerk
within ten (10) days after at the same time as filing an acceptance of nomination.
(c) Failure of any person to file the affidavit or disclosure statement required under this Section
shall result in the disqualification of such person as a candidate for the office being sought.
Disqualification shall occur only after the City Clerk has sent a notice to the person by certified mail,
return receipt requested, addressed to the person's last known residence address. The notice shall
state that the person will be disquualified as a candidate if the person fails to file the appropriate
document within five (5) business days of receipt of the notice.
(d) The requirements of this Section shall not apply to any elected official who is the subject of
recall proceedings.
Topic Source Questions/Comments/Explanation
Signature verification Staff
Status:
Originally discussed with Election Code Committee in 2016.
City Code amendments needed to authorize signature verification beginning with April 2019
election. (Needed to wait until Charter amendment approved in April 2017.)
Staff will have demonstrations of the software/hardware, and then report back to Committee.
Demonstration has not yet occurred
Topic Source Questions/Comments/Explanation
Candidate Political
Signs
Councilmember
Cunniff (May 23
work session)
Is the posting of a sign the same thing as announcing
candidacy?
Staff requests a discussion with the Committee to
receive feedback. One suggestion would be to
change the definition of a public announcement.
Status:
Committee discussion on July 20, 2017.
Current Code:
Sec. 7‐132. –Definitions.
Candidate shall mean any person who seeks nomination or election to the office of Mayor or
Councilmember at any City election. A person is a candidate if the person has publicly announced an
intention to seek such election or has filed nominating petitions for the office of Mayor or
Councilmember. Candidate shall also mean any election official who is the subject of recall proceedings
pursuant to Article IX of the Charter.
Suggested amendment:
Candidate shall mean any person who seeks nomination or election to the office of Mayor or
Councilmember at any City election. A person is a candidate if the person has publicly announced an
intention to seek such election or has filed nominating petitions for the office of Mayor or
Councilmember. A public announcement means:
(1) Registering a candidate committee; or
(2) A statement made by the candidate signifying an interest in, or exploring the possibility
of, seeking the office by means of a speech, advertisement or other communication
reported or appearing in public media or in any place accessible to the public, including
social media, that a reasonable person would expect to become public.
Candidate shall also mean any election official who is the subject of recall proceedings pursuant to
Article IX of the Charter.